Virginia has a formula for child support that is considered presumptively correct for all cases. The formula calculates the child support amount by looking at each party’s monthly gross income, work-related childcare costs, and any health care premium that is attributed to coverage of the children only on health insurance. Other factors go into the formula depending on the circumstances of the parties.
Virginia has two different child support formulas: sole custody guidelines and shared custody guidelines. If both parents have more than 90 days (24-hour periods) then the shared custody guideline can be used. Even if parents have an even amount of days during the year, the shared custody guideline can call for one parent to pay the other child support.
The guidelines are only presumptively correct. If there is an appropriate reason to deviate from the guidelines, then the Court may deviate from the amount calculated by the guideline formula. When the Court decides to deviate from the calculated amount of support, it must make a finding that the application of the guidelines would be unjust or inappropriate in that particular case. A finding can be made after reviewing relevant evidence of the following factors:
- Actual monetary support for other family members or former family members
- Arrangements regarding custody of the children, including the cost of visitation travel
- Any child care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party’s earning potential
- Any child care costs incurred on behalf of the child or children due to the attendance of a custodial parent in an educational or vocational program likely to maintain or increase the party’s earning potential
- Debts of either party arising during the marriage for the benefit of the child
- Imputed income to a party who is voluntarily unemployed or voluntarily under-employed provided that income may not be imputed to a custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not included in the computation and provided further, that any consideration of imputed income based on a change in a party’s employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party, including to attend and complete an educational or vocational program likely to maintain or increase the party’s earning potential
- Direct payments ordered by the court for maintaining life insurance coverage according to subsection D, education expenses, or other court-ordered direct payments for the benefit of the child
- Extraordinary capital gains such as capital gains resulting from the sale of the marital abode
- Any special needs of a child resulting from any physical, emotional, or medical condition
- Independent financial resources of the child or children
- Standard of living for the child or children established during the marriage
- Earning capacity, obligations, financial resources, and special needs of each parent
- Provisions made concerning the marital property under § 20-107.3, where said property earns income or has an income-earning potential
- Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children
- A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
- Other factors that are necessary to consider for the parents and children.
Understanding the factors in Virginia’s law is one of the first steps to take in receiving the right amount of support. Another step is hiring an attorney at Phillips & Peters that will help you understand the factors so you receive what is fair for taking care of your family.
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